'Invisible Tibet' blogger elicits China's extra-judicial ire

Beijing-based blogger Woeser reported on her website Invisible Tibet today that she has been
confined to her residence by Beijing public security officers who are stationed
outside her home. Woeser, an outspoken critic of Chinese government policies in
Tibet, has written about a series of recent self-immolations among
monks and arrests
of writers in western China.

Officials blocked her from receiving an award from the
Prince Claus Fund of the Netherlands, which had been scheduled for today at the
home of the Dutch ambassador. Public security officers informed her that her
movements would be restricted through mid-March, after the conclusion of the
National People's Congress meeting, she said.

Woeser has not been accused of a crime, putting her in the
company of many other writers and journalists in China who have been punished
through extra-judicial means. CPJ has long recorded the cases of journalists imprisoned in China
through traditional methods - often charged with anti-state crimes, convicted, and
sentenced to long prison terms. A longer list of journalists has experienced
"residential surveillance" - one of Chinese authorities' preferred tactics for
punishing critics.

Residential surveillance might sound benign. The reality is often
anything
but. In China, the term "residential surveillance" is a euphemism that can
mean anything from a couple of guards posted outside the door of a person's
home all the way to outright torture. Surveillance is only a small part of it,
and in many cases it doesn't take place in anyone's residence.

Writer Yu
Jie recently chose exile in the U.S. over residential surveillance in his
beloved home country. In his case, it initially meant four plainclothes
policemen installed outside his house, and that his phone and Internet services
were cut off. This was how Yu
described it in a press statement in Washington, D.C. in January, as
translated and posted by Human Rights in China:

We did not know anything that was happening outside. We
could not contact our parents or our child. This continued day after day, and
we did not know when it would end and felt that it was even worse than being in
prison. In prison, you have a specific prison term; you have the right to
family visits; and each day you are let out for exercise. But we had basically
fallen into an endless black hole, and every day felt like a year. This
continued for almost two months.

It also meant that Yu was hustled into the back of a car
with a hood over his head, and taken to some location known only to the state
security officers who were his captors. He said they beat him, stripped off his
clothes, kicked him, and took photos, "saying with glee that they would post
the naked photos online." They bent back his fingers, saying that "you've
written many articles attacking the Communist Party with these hands, so we
want to break your fingers one by one." And he said they told him: "If the
order comes from above, we can dig a pit to bury you alive in half an hour, and
no one on earth would know."

Residential surveillance can mean disappearing into this
kind of secret detention for months at a time, without charge and without communication
with the outside world. These forced disappearances have no place in Chinese
law. But as Human Rights Watch researcher Nicholas Bequelin described in an
op-ed in The New York Times yesterday, that may change if draft
revisions to the Criminal Procedure Law are implemented:

Under the guise of regulating "residential surveillance,"
Article 73 of the revised law would effectively legalize secret detentions and
"disappearances" of people viewed as political risks by the government. This
would legalize a pernicious practice that has recently been used against the
artist Ai Weiwei, the lawyer Gao Zhisheng and the Nobel Peace Prize laureate
Liu Xiaobo. Up to now, such abductions have been technically illegal.

Article 73 would allow the police to secretly detain
citizens for up to six months on suspicion of "endangering state security" or
"terrorism" -- two vague charges that have long been manipulated by the
government to crack down on dissidents, human-rights lawyers, civil-society
activists and Tibetan and Uighur separatists.

Even more chilling, these secret detentions would be carried
out in venues controlled by the police outside of regular detention facilities,
greatly increasing the likelihood of ill-treatment.

Chinese human rights advocates and online activists have
rightly objected to this proposal. Agence France-Presse reported
on Monday that the draft legislation, to be introduced when the National
People's Congress convenes next week, has been watered down, but Bequelin told
AFP he is skeptical. The final wording won't be clear until the legislation is
made public.

Regardless of what is codified into law, it's clear that
extra-judicial punishment will remain a risk for China's most critical
journalists.

Kristin Jones, a consultant to CPJ's Asia program, is an independent investigative reporter. In 2011, she was part of a team that won a Robert F. Kennedy Journalism Award for "Seeking Justice for Campus Rapes," a collaboration between NPR and the Center for Public Integrity. Jones was CPJ's senior Asia research associate until 2007. She led writing on the CPJ report "Falling Short," which documented press freedom abuses in China ahead of the 2008 Olympic Games.

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